My spouse owns the family home - what can I do to protect my interest? Can I still live there until the divorce is finalised?

November 10th, 2017

A significant concern during divorce is what is to happen until matters are finalised and a settlement has been agreed. This particularly includes where everyone is going to live and can be especially daunting if you do not joint own the family home with your spouse and the property is in his/her name.

If you are not sure how you own the property, then you can find out by requesting copies of the title register from the Land Registry. If you are not a named proprietor, then we would always advise that you register Home Rights.

Home Rights are dealt with by Family Law Act 1996. The aim is to protect the rights of occupation of a husband or wife in respect of the family home. This ensures that you are not excluded from the property during proceedings. Unless there are injunction proceedings. It also prevents your spouse from selling the property without you knowing. It is a really important step to take at the very start of proceedings to make sure that the family home is protected until an agreement is reached on what should happen to it.

To register Home Rights an application is made to the Land Registry for there to be a Notice entered on the title register of the property. The Notice will remain until an application is made for it to be removed or until the divorce is finalised and the Decree Absolute is pronounced.

In rare cases where land is not registered, you can still protect your rights. This is done by a Class F Land Charge. This will be kept by the Land Charges Department and will have the same effect as the Notice at the Land Registry.

If you think your spouse might sell or re-mortgage the home without informing you, then it is imperative that you take this step to protect the home. Our solicitors at Hawkins Family Law would be more than happy to discuss further with you how you can register Home Rights. We can find out how you own the family home with your spouse and can make the application for the Notice on your behalf. If this is something that you are interested in discussing, then please give us a call on 01908 262680 to speak to one of our solicitors.

Having obtained her A Levels from the Royal Latin School in Buckingham, Rebecca Stewart went on to obtain a Legal Secretary Diploma through Pitmans Training and immediately following qualification secured a role at Hawkins Family Law. Following that she discovered her true ambition lay in becoming a Legal Executive specialising in Family Law.

In 2012 Rebecca enrolled at Cilex Law School and by 2015 had completed all her level 3 exams, achieving distinctions in 3 of these modules, and is now an Associate Member of Cilex. Rebecca is now working towards her level 6 qualifications and is now able to act as a trainee Legal Executive under the supervision of the Directors of Hawkins Family Law.

Talk To One Of Our Legal Experts

01908 262680

Talk To One Of Our Legal Experts

01908 262680

2019 Family: Beds, Bucks, Herts and Middx – South East

Hawkins Family Law fields 'a very professional team that delivers a high-class service and has strength-in-depth from senior to junior level'. Managing director and team head Jo Hawkins provides 'clear and accurate advice and moral support through often testing times for her clients; she focuses on deriving the best long-term outcome for her client and other parties'. The practice has particular strength financial matters, including divorce and ToLATA proceedings. Other key figures include Loraine Davenport, who has strong collaborative law expertise and handles complex children cases and high-net-worth ancillary relief matters; Annabel Hayward, who focuses on complex financial provision and co-habitation matters; and Stacey St Clair.

2019 Family/Matrimonial – Milton Keynes and surrounds

What the team is known for
Boutique family law firm that punches above its weight in terms of high-value and complex matrimonial finance instructions relating to business assets, pensions and substantial property portfolios, including assisting with the handling of assets abroad. Also represents clients in the negotiation of wealth protection agreements and private law childcare arrangements. Fields a team trained in collaborative law and alternative dispute resolution.

Strengths
An impressed client says: "The team's personal service and individual care is a great asset,"adding that the lawyers are "always available to assist and understand the occasional need for immediate advice and guidance, providing a very reassuring service."